Senate Bill S9481

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9481
 
                             I N  S E N A T E
 
                               June 3, 2022
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the general business law and the civil practice law  and
   rules,  in  relation  to  establishing  a  private cause of action for
   certain violations regarding semiautomatic rifles
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 39-DDDDD to read as follows:
                             ARTICLE 39-DDDDD
                           SEMIAUTOMATIC RIFLES
 SECTION 898-J. DEFINITION.
         898-K. PROHIBITIONS.
         898-L. ENFORCEMENT.
         898-M. PRIVATE CAUSE OF ACTION.
         898-N. DEFENSES.
   §  898-J.  DEFINITION.  AS USED IN THIS ARTICLE, "SEMIAUTOMATIC RIFLE"
 MEANS ANY REPEATING RIFLE WHICH UTILIZES A PORTION OF THE  ENERGY  OF  A
 FIRING  CARTRIDGE  OR SHELL TO EXTRACT THE FIRED CARTRIDGE CASE OR SPENT
 SHELL AND CHAMBER THE NEXT ROUND, AND WHICH REQUIRES A SEPARATE PULL  OF
 THE TRIGGER TO FIRE EACH CARTRIDGE OR SHELL.
   §  898-K. PROHIBITIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
 CONTRARY, NO PERSON WITHIN THE STATE SHALL MANUFACTURE OR  CAUSE  TO  BE
 MANUFACTURED,  DISTRIBUTE, TRANSPORT, OR IMPORT INTO THE STATE, OR CAUSE
 TO BE DISTRIBUTED, TRANSPORTED, OR IMPORTED INTO  THE  STATE,  KEEP  FOR
 SALE,  OFFER OR EXPOSE FOR SALE, OR GIVE OR LEND, A SEMIAUTOMATIC RIFLE,
 EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION.
   2. THE PROHIBITIONS DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS  SECTION
 APPLIES WHETHER OR NOT THE SEMIAUTOMATIC RIFLE IS MISUSED OR IS INTENDED
 TO BE MISUSED IN A CRIMINAL OR UNLAWFUL MANNER.
   3.  EACH  INSTANCE  OF CARRYING, DISTRIBUTING, OR SELLING A PARTICULAR
 SEMIAUTOMATIC RIFLE, OR AIDING AND ABETTING THEREOF, SHALL BE  AN  INDE-
 PENDENT, FREE-STANDING VIOLATION OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16001-01-2
              

 S. 9481                             2
 
   4.  SUBDIVISION  ONE  OF  THIS SECTION DOES NOT APPLY TO THE SALE OF A
 SEMIAUTOMATIC RIFLE TO, OR THE PURCHASE, TRANSPORT, IMPORTATION, SALE OR
 OTHER TRANSFER, OR MANUFACTURE OF, A SEMIAUTOMATIC  RIFLE  BY,  ANY  LAW
 ENFORCEMENT  AGENCY,  PUBLIC  ENTITY THAT EMPLOYS PEACE OFFICERS, OR ANY
 AUTHORIZED  LAW  ENFORCEMENT  REPRESENTATIVE  THEREOF, IF THAT PERSON OR
 ENTITY IS NOT PROHIBITED BY LAW FROM POSSESSING A  SEMIAUTOMATIC  RIFLE,
 INCLUDING,  WITHOUT LIMITATION, ANY STATE OR LOCAL LAW ENFORCEMENT AGEN-
 CY, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE DEPART-
 MENT OF CORRECTIONS OF ANY MUNICIPALITY, THE MILITARY OR NAVAL FORCES OF
 THIS STATE OR OF THE UNITED STATES, A LAW ENFORCEMENT OR MILITARY AGENCY
 OF ANOTHER STATE, ANY FEDERAL LAW ENFORCEMENT  AGENCY,  OR  ANY  FOREIGN
 GOVERNMENT  OR AGENCY APPROVED BY THE UNITED STATES DEPARTMENT OF STATE,
 FOR USE IN THE DISCHARGE OF THE OFFICIAL DUTIES OF SUCH ENTITIES.
   5. THIS LAW IS INTENDED TO BE REMEDIAL,  AND  THEREFORE  IT  SHALL  BE
 RETROACTIVE.
   §  898-L.  ENFORCEMENT.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
 CONTRARY, THE REQUIREMENTS OF THIS ARTICLE SHALL BE ENFORCED EXCLUSIVELY
 THROUGH THE PRIVATE CIVIL ACTIONS DESCRIBED  IN  SECTION  EIGHT  HUNDRED
 NINETY-EIGHT-M  OF  THIS  ARTICLE. NO ENFORCEMENT OF THIS ARTICLE MAY BE
 TAKEN OR THREATENED BY THE STATE, A POLITICAL SUBDIVISION,  A  DISTRICT,
 COUNTY  OR  CITY  ATTORNEY, OR AN EXECUTIVE OR ADMINISTRATIVE OFFICER OR
 EMPLOYEE OF THE STATE OR A POLITICAL  SUBDIVISION  AGAINST  ANY  PERSON,
 EXCEPT AS PROVIDED IN SECTION EIGHT HUNDRED NINETY-EIGHT-M OF THIS ARTI-
 CLE.
   § 898-M. PRIVATE CAUSE OF ACTION. 1. ANY PERSON, OTHER THAN AN OFFICER
 OR  EMPLOYEE OF A STATE OR LOCAL GOVERNMENTAL ENTITY IN THE STATE, SHALL
 HAVE A PRIVATE CAUSE OF ACTION AGAINST ANY PERSON WHO DOES  ANY  OF  THE
 FOLLOWING:
   (A)  KNOWINGLY  VIOLATES  SECTION EIGHT HUNDRED NINETY-EIGHT-K OF THIS
 ARTICLE.
   (B) KNOWINGLY ENGAGES IN CONDUCT THAT AIDS OR  ABETS  A  VIOLATION  OF
 SECTION  EIGHT  HUNDRED  NINETY-EIGHT-K  OF  THIS ARTICLE, REGARDLESS OF
 WHETHER THE PERSON KNEW OR SHOULD HAVE KNOWN THAT THE  PERSON  AIDED  OR
 ABETTED WOULD BE VIOLATING SUCH SECTION.
   (C)  KNOWINGLY COMMITS AN ACT WITH THE INTENT TO ENGAGE IN THE CONDUCT
 DESCRIBED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   2. AN ACTION PURSUANT TO THIS SECTION SHALL NOT BE BROUGHT  AGAINST  A
 FEDERAL  GOVERNMENT,  STATE,  POLITICAL SUBDIVISION, OR AN EMPLOYEE OF A
 FEDERAL GOVERNMENT, STATE, OR POLITICAL SUBDIVISION ON THE BASIS OF ACTS
 OR OMISSIONS IN THE COURSE OF DISCHARGE OF OFFICIAL DUTIES.
   3. ALL ACTIONS BROUGHT UNDER THIS SECTION SHALL NOT BE SUBJECT TO  THE
 SPECIAL PROCEDURAL AND SUBSTANTIVE REQUIREMENTS DESCRIBED IN SUBDIVISION
 (G)  OF  RULE THIRTY-TWO HUNDRED ELEVEN OR SUBDIVISION (H) OF RULE THIR-
 TY-TWO HUNDRED TWELVE OF THE CIVIL PRACTICE LAW AND RULES,  OR  SECTIONS
 SEVENTY-A AND SEVENTY-SIX-A OF THE CIVIL RIGHTS LAW.
   4.  FILING  FEES AND MOTION FEES SHALL BE WAIVED IN ALL COURTS OF THIS
 STATE FOR ANY PERSON OR PERSONS AFFIRMATIVELY BRINGING CLAIMS UNDER THIS
 SECTION.
   5. ANY PERSON DEFENDING AN ACTION UNDER THIS SECTION SHALL BE REQUIRED
 TO PAY TRIPLE THE APPLICABLE ORDINARY FILING AND MOTION FEES.
   6. IF A CLAIMANT PREVAILS IN AN ACTION BROUGHT UNDER THIS SECTION, THE
 COURT SHALL AWARD ALL OF THE FOLLOWING:
   (A) INJUNCTIVE RELIEF SUFFICIENT TO PREVENT THE DEFENDANT FROM VIOLAT-
 ING THIS ARTICLE OR ENGAGING IN ACTS THAT AID OR ABET VIOLATIONS OF THIS
 ARTICLE.
 S. 9481                             3
 
   (B) STATUTORY DAMAGES IN AN AMOUNT  OF  NOT  LESS  THAN  TEN  THOUSAND
 DOLLARS  FOR  EACH  SEPARATE  VIOLATION  OF  THIS  ARTICLE, AND FOR EACH
 VIOLATION OF THIS ARTICLE TO WHICH THE DEFENDANT AIDED OR  ABETTED  SUCH
 VIOLATION.
   (C)  ATTORNEYS' FEES AND COSTS, INCLUDING FEES UPON FEES, AT THE HIGH-
 EST FORUM RATES AVAILABLE IN THE STATE.
   7. NOTWITHSTANDING SUBDIVISION SIX OF THIS SECTION, A COURT SHALL  NOT
 AWARD RELIEF UNDER THIS SECTION IN RESPONSE TO A VIOLATION OF THIS ARTI-
 CLE  IF  THE  DEFENDANT DEMONSTRATES THAT SUCH DEFENDANT PREVIOUSLY PAID
 THE FULL AMOUNT OF ANY MONETARY AWARD  UNDER  SUBDIVISION  SIX  OF  THIS
 SECTION  IN A PREVIOUS ACTION FOR EACH VIOLATION OF THIS ARTICLE, OR FOR
 EACH VIOLATION OF THIS ARTICLE TO WHICH THE DEFENDANT AIDED  OR  ABETTED
 SUCH VIOLATION.
   8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NONE OF
 THE FOLLOWING IS A DEFENSE TO AN ACTION BROUGHT UNDER THIS SECTION:
   (A) A DEFENDANT'S IGNORANCE OR MISTAKE OF LAW.
   (B)  A  DEFENDANT'S  BELIEF  THAT THE REQUIREMENTS OF THIS ARTICLE ARE
 UNCONSTITUTIONAL OR WERE UNCONSTITUTIONAL.
   (C) A DEFENDANT'S RELIANCE ON ANY COURT DECISION THAT HAS  BEEN  OVER-
 RULED  ON  APPEAL  OR BY A SUBSEQUENT COURT, EVEN IF THAT COURT DECISION
 HAD NOT BEEN OVERRULED  WHEN  THE  DEFENDANT  ENGAGED  IN  CONDUCT  THAT
 VIOLATES THIS ARTICLE.
   (D) A DEFENDANT'S RELIANCE ON ANY STATE OR FEDERAL COURT DECISION THAT
 IS NOT BINDING ON THE COURT IN WHICH THE ACTION HAS BEEN BROUGHT.
   (E) NONMUTUAL ISSUE PRECLUSION OR NONMUTUAL CLAIM PRECLUSION.
   (F)  ANY  CLAIM THAT THE ENFORCEMENT OF THIS ARTICLE OR THE IMPOSITION
 OF CIVIL LIABILITY AGAINST THE DEFENDANT WILL VIOLATE  A  CONSTITUTIONAL
 RIGHT OF A THIRD-PARTY.
   9.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
 STATE, A STATE OFFICIAL, OR A DISTRICT, COUNTY, OR CITY  ATTORNEY  SHALL
 NOT  INTERVENE  IN  AN  ACTION BROUGHT UNDER THIS SECTION. HOWEVER, THIS
 SUBDIVISION DOES NOT PROHIBIT A PERSON  DESCRIBED  BY  THIS  SUBDIVISION
 FROM FILING AN AMICUS CURIAE BRIEF IN THE ACTION.
   §  898-N.  DEFENSES.  1. A DEFENDANT AGAINST WHOM AN ACTION IS BROUGHT
 UNDER SECTION EIGHT HUNDRED NINETY-EIGHT-M OF THIS ARTICLE DOES NOT HAVE
 STANDING TO ASSERT THE RIGHT TO KEEP AND  BEAR  ARMS  UNDER  THE  SECOND
 AMENDMENT  TO  THE  UNITED STATES CONSTITUTION AS A DEFENSE TO LIABILITY
 UNDER SUCH SECTION UNLESS EITHER OF THE FOLLOWING IS TRUE:
   (A) THE UNITED STATES SUPREME COURT HOLDS  THAT  THE  COURTS  OF  THIS
 STATE  MUST  CONFER STANDING ON THAT DEFENDANT TO ASSERT THE THIRD-PARTY
 RIGHTS OF OTHER INDIVIDUALS IN  STATE  COURT  AS  A  MATTER  OF  FEDERAL
 CONSTITUTIONAL LAW; OR
   (B)  THE DEFENDANT HAS STANDING TO ASSERT THE RIGHTS OF OTHER INDIVID-
 UALS UNDER THE TESTS FOR THIRD-PARTY STANDING ESTABLISHED BY THE  UNITED
 STATES SUPREME COURT.
   2. A DEFENDANT IN AN ACTION BROUGHT UNDER SECTION 3 MAY ONLY ASSERT AN
 AFFIRMATIVE DEFENSE TO LIABILITY UNDER THIS SECTION IF:
   (A)  A  PERSON  SUED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 EIGHT HUNDRED NINETY-EIGHT-M OF THIS ARTICLE REASONABLY BELIEVED,  AFTER
 CONDUCTING  A REASONABLE INVESTIGATION, THAT THE PERSON AIDED OR ABETTED
 WAS COMPLYING WITH THIS ARTICLE.
   (B) A PERSON SUED UNDER PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION
 EIGHT  HUNDRED NINETY-EIGHT-M OF THIS ARTICLE REASONABLY BELIEVED, AFTER
 CONDUCTING A REASONABLE INVESTIGATION, THAT  THE  PERSON  WAS  COMPLYING
 WITH  THIS  ARTICLE  OR WAS AIDING OR ABETTING ANOTHER WHO WAS COMPLYING
 WITH THIS ARTICLE.
 S. 9481                             4
 
   § 2. Section 213 of the civil practice law and  rules  is  amended  by
 adding a new subdivision 10 to read as follows:
   10.  AN ACTION PURSUANT TO SECTION EIGHT HUNDRED NINETY-EIGHT-M OF THE
 GENERAL BUSINESS LAW; THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED
 SHALL BE THE GREATER OF SIX YEARS FROM THE  DATE  THE  CAUSE  OF  ACTION
 ACCRUED  OR  FIVE  YEARS FROM THE TIME THE PLAINTIFF OR THE PERSON UNDER
 WHOM THE PLAINTIFF CLAIMS DISCOVERED THE CAUSE OF ACTION, OR COULD  WITH
 REASONABLE DILIGENCE HAVE DISCOVERED IT.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.